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HomeMy WebLinkAbout9553436010918670 STATE OF WYOMING COUNTY OF LINCOLN N. Shane Johnson CERTIFICATE OF SALE SS upon his oath, states and certifies as follows: of lawful age, being first duly sworn 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated October 13, 2005, executed and delivered by Christopher T. Coesens and Evelyn D. Coesens to Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation and (b) that certain mortgage dated October 13, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on October 18, 2005, at Reception No. 912913 in Book 601 at Page 581 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: LOT 11 OF HIALEAH SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 336 Hialeah 405 South Afton, WY 83110 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon f /k /a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -FA10, by First Horizon Home Loans, a division of First Tennessee Bank National Assoc Assignment dated: January 22, 2010 Assignment recorded: January 29, 2010 Assignment recording information: at Reception No. 951909 in Book 741 at Page 545 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, The Bank of New York Mellon f /k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -FA10, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first COSPkg RECEIVED 9/7/2010 at 12:20 PM RECEIVING 955343 BOOK: 753 PAGE: 228 JEANNE WAGNER i �nlr`nI M rni INTV ra FRK KFMMFRFR_ WY Certificate of Sale Coesens 09- 30118R Page 1 of 7 0',1229 publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the August 12, 2010 issue of said newspaper and ending with the September 2, 2010 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On September 7, 2010 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on said real property; and that the highest and best sum bid for said real property was the sum of $102,000.00 "Bid Sum which was bid and offered by The Bank of New York Mellon f /k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -FA10, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $3,446.60 is to be paid to Castle, Meinhold, Stawiarski Legal Services, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after September 7, 2010, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. COSPkg Certificate of Sale Coesens 09- 30118R Page 2 of 7 DATED at Kemmerer, Lincoln County, State of Wyoming, this 7th day of September 2010. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: COSPkg Witness my hand and official seal. SS M. Shane Johnson Sheriff in and for Lincoln County, State of Wyoming ACKNOWLEDGMENT By: .NW Print Name: ,M` Title: Deputy Sheriff The foregoing instrument was subscribed in my presence and acknowledged before me by Cliff Boyd Deputy Sheriff of Lincoln County, State of Wyoming, this 7th day of September 2010. Notary Public SAVANNA L. HAW, NOTARY PUBLIC COUNTY OF n 7 STATE OF LINCOLN a WYOMING ..hly Commission Expires l ?1 f Certificate of Sale Coesens 09- 30118R Page 3 of 7 2 :30 STATE OF WYOMING COUNTY OF NATRONA CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Christopher T. Coesens 336 Hialeah 405 South Afton, WY 83110 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Evelyn D. Coesens 336 Hialeah 405 South Afton, WY 83110 COSPkg EXHIBIT A AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE SS Danette Baldacci of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated October 13, 2005 (the "Mortgage and recorded on October 18, 2005, at Reception No. 912913 in Book 601 at Page 581 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Christopher T. Coesens and Evelyn D. Coesens "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corporation is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: The Bank of New York Mellon f /k /a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005 -FA10, by First Horizon Home Loans, a division of First Tennessee Bank National Assoc Assignment dated: January 22, 2010 Assignment recorded: January 29, 2010 Assignment recording information: at Reception No. 951909 in Book 741 at Page 545 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Christopher T. Coesens PO Box 1701 Afton, WY 83110 -1701 CERTIFIED MAIL NO. NOl: CERTIFIED MAIL NO. FSN: Evelyn D. Coesens PO Box 1701 Afton, WY 83110 -1701 231 Certificate of Sale Coesens 09- 30118R Page 4 of 7 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass Through Certificates Series FHAMS 2005-FAIO, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement 4000 Horizon Way Suite 100 Irving, TX 75063 CERTIFIED MAIL NO. N01: CERTIFIED MAIL NO. FSN: First Horizon Home Loan Corporation 4000 Horizon Way Irving, TX 75063 3. That the date of mailing of the notice of intent to foreclose the Mortgage was July 30, 2010 and the date of the first publication of the notice of foreclosure sale was August 12, 2010. State of Wyoming County of Natrona This instrument was acknowledged before me on 7,. day of 5p 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. My commission expires: COSPkg CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Occupant 336 Hialeah 405 South Afton, WY 83110 CERTIFIED MAIL NO. NOI: CERTIFIED MAIL NO. FSN: Cottonwood Irrigation District Heidi Shumway, Secretary 2231 Highway 241 Afton, WY 83101 FURTHER AFFIANT SAYETH NAUGHT. "col nette Ba Cas e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 (Signature of notarial officer) c. Title (and Ran Certificate of Sale Coesens 09- 30118R Page 5 of 7 32 1842 Ie as Trustee or Pass Through°�Ce dome Loans, a Mast'er°Servicer,': L Horizoj ciation PP KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming PUBLISHER'S AFFIDAVIT mittin N'C of Ne eres b1N.. as$1 on,No 51909 in Book` 4 0193 ffiq Register of Deeds o e which by reason de o a e�Ceitificates 005 -ID; by Fuse PA x ste e; Bl*lati Asso elty rag "enff for the Trustoe underthe as ',t ei(vlort 4i,`e theMott= b y p glberrOrtgag4TIOPe0.0 ft, Sher mlaiid for din est d o cas F p i,at 10 0 o,'clock i t� i n ,dor the Lin col o nCtta or o t er,WY, In n hit knco OUtity, ln C r ib�c�ti® ts s t ectire the Mort- e a sOfollows, to wit S C OT N °COO UNTY;WYO- 5 4 s 2 PLATr,,THEREOF E�outu,'Aton WY 83110.. �t ereonsituate ane all'fixtures and lis 'said Mort (sj' to "ec©rded ori. er 18 2005, age 581 in t recordsT ofIthe;; ogister of Deeds in and for value as follows: yaThe Bank ;ofNew York, st 1 o zon trtgage, rizon sso iation, er the Pooling b a- �ublica- plussattotmeys' fees costs' ges after the date of first ay.lbelSubject.to ts e a4the sale. before sub 'or1t iasr� ort lorizon o ciation, EXHIBIT B KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN I, Michael Jensen, do hereby, upon my oath, depose and say that I am the General Manager of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of 4 consecutive issues /weeks; the first publication being on the 12 day of 20 dO and the last p sIication being on the 2 day of 20 and that said advertisement appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Michael Jen'7 Publisher e nneee- ROSEMARY CAPE]: FJ1 NOTARY PUBLIC County Of Lincoln State of Wyoming nmicr nr Expires May 5. 2012 Subscribed in my presence and sworn to befor me on this day of Notary S' :ture her. el 33 V GI 1.1111..,011., V V011, Coesens 09- 30118R Page6of7 STATE OF WYOMING COUNTY OF NATRONA EXHIBIT C AFFIDAVIT OF ATTORNEY SS Danette Baldacci, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That Castle, Meinhold, Stawiarski Legal Services, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $3,446.60 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) 600.00 Statutory Notice Fee 117.00 FTP Update x 2 250 Publication Cost 538.20 Conduct Sale 50.00 Record Cert of Sale 26.00 Record Sheriffs Deed 11.00 Sheriffs Sale Fee 10.00 Sheriffs Deed Fee 10.00 Previous Invoice $1,834.40 1,834.40 Total State of Wyoming County of Natrona My commission expires: Art 1 1 f Zvi/ COSPkg 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of Castle, Meinhold, Stawiarski Legal Services, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER AFF A A :T NAU HT. D. ette :ald ci $3,446.60 C st e, Meinhold, Stawiarski Legal Services, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 (307)333 -5379 This instrument was acknowledged before me on day of f... 2010 by Danette Baldacci as attorney of Castle, Meinhold and Stawiarski Legal Services, LLC. (Signature of notarial o Title (and Rank) Certificate of Sale Coesens 09- 30118R Page 7 of 7 234